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Press Release / January 13, 2015 Volkswagen Trucks and Buses, now operating under Volkswagen Group’s MAN Latin America business unit, is the leading truckmaker in Brazil for the twelfth year in a row. The company closed 2014 with 36,157 units sold. Three of Volkswagen’s truck models rank on Brazil’s top ten selling trucks list. With 7,673 units sold in 2014, the 53,000lb GVW Volkswagen “Constellation” Series model 24.280 6x2 rigid (straight truck) ranked as Brazil’s number one selling commercial truck. The 18,000lb GVW Volkswagen “Delivery” Series model 8.160 light truck took second place with 5,742 units sold. The 21,000lb GVW Volkswagen “Delivery” Series model 10.160 ranked ninth with 3,711 units sold. In the bus and coach segment, Volkswagen remained in second position with 6,480 units sold. .
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Overdrive / January 14, 2015 As part of its annual Top 10 Most Wanted list for safety regulations, the National Transportation Safety Board has asked FMCSA to implement several rules related to medical requirements for truck operators, mandates for use of crash avoidance tech on trucks and trailers and a nationwide ban on electronics use while driving. Four of NTSB’s 10 Most Wanted items relate to trucking: Bevy of regulations: Chief among trucking-related items on the Most Wanted list is NTSB’s request that the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration “improve their oversight of operators, drivers and vehicles,” NTSB says. Stronger oversight includes, per NTSB, (1) more steps to ensure new entrant carriers address any safety deficiencies and quicker out-of-service placement if deficiencies are not improved, (2) implementation of an electronic logging device mandate and (3) instituting sleep apnea screening requirements. NTSB’s request for improved oversight also includes requirements that all trucks be equipped with collision warning technology, tire pressure monitoring systems, rollover stability control systems and lane departure warning systems. Greater medical requirements: NTSB says truck operators should be subject to more and stricter medical requirements, including procedures to identify risk of sleep disorders. Qualification of medical examiners should be limited to those who have the ability to prescribe medicine and have access to information about conditions that could disqualify patients from operating commercial equipment, NTSB says. Banning use of electronics: NTSB’s second trucking-related item is for drivers of all vehicles, including trucks (and planes): The safety board asks for a nationwide ban on the use of personal electronic devices while driving. Currently, only 14 states and D.C. ban the use of handheld devices while driving. Impaired driving: NTSB recommends for carriers post-accident drug and alcohol testing or drivers, along with drivers themselves discussing with their doctors any impairment effects that prescription medication may cause. The agency also recommends stronger laws against impaired driving, increasing visibility of enforcement and expanded use of technology that locks ignition of engines via passive alcohol sensors.
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Heavy Duty Trucking / January 13, 2015 California fleets running medium-duty diesel trucks older than 20 years may have to replace these Class 4-6 vehicles under a set of new regulations going into effect this year. The rules, as drafted by the California Air Resources Board (ARB), are designed to reduce emissions by bringing older diesel fleet trucks up to the cleaner 2010 engine standards. While there are separate requirements for heavy-duty Class 7 and 8 trucks, diesel trucks in the GVWR range of 14,000 lbs. to 26,000 lbs. have separate requirements. As of Jan. 1, trucks in this GVWR range with 1995 engines or older must be replaced with trucks using 2010 engines or newer. A year from now, trucks with 1996 engines or older must be replaced, and so on. The schedule changes in 2020, when 2003 engines and older must be replaced. Starting Jan. 1, 2020 all remaining trucks would need to be replaced with 2010 model-year engines or equivalent emissions by 2023. Heavy-duty trucks can comply with retrofit diesel particulate filters; not so for the lighter medium-duty trucks. The regulations are based on engine year, not model year, so affected trucks must undergo an entire engine replacement. In all practicality, that means replacing the truck. Several exceptions can provide extra time to comply with the rules or even exempt certain fleet vehicles entirely. First, fleets can delay phase-in if the affected trucks operate solely in the cleaner NOx exempt areas as designated by ARB (mainly Northern California and Central Coast counties). Fleets can also take advantage of the "low mileage work truck phase-in option" that allows for a delay until 2020 to replace vehicles with 1996 or newer engines that travel fewer than 20,000 miles per year. Fleet must report odometer readings to CARB. This option also depends on the percentage of trucks in the fleet that comply with the 2010 rule. To acquire an outright exemption, the older trucks must travel fewer than 5,000 miles per year (or 1,000 miles per year for out-of-state fleets operating in California) to claim the "low-use exemption" by reporting odometer readings. There are other extensions for specific fleet applications and economic hardship. Fleets have until Jan. 31 to file to take advantage of these "flexibility options." With proper reporting, fleets can get creative to comply with the rules, says Beth White, the manager that oversees the implementation of the bus and truck regulations for ARB. For instance, fleets can assign older trucks to low-mileage routes to satisfy the low-mileage extension or low-use exemption. Fleets that need to replace could buy used vehicles. A truck with a 2007 diesel engine isn’t due for replacement until 2023, for instance. “Depending on the cost of the truck that’s an option that a lot of people are taking,” White says. For more details about the regulation, including vehicles affected, percentage requirements, extensions and exemptions, visit the ARB website or call (866) 634-3735.
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Safety ratings, ELDs, speed limiters among items on FMCSA 2015 calendar Fleet Owner / January 13, 2015 The year 2015 looks to be a big and busy one for the Federal Motor Carrier Safety Administration, both in terms of the number of items on the regulatory agenda and in their significance to the trucking industry. Among the highlights are a revamping of the way carrier safety is evaluated and rated, an electronic logging mandate, a speed limiter requirement, a drug and alcohol testing database, possible changes to insurance minimums and driver coercion protection. Fleet Owner spoke recently with Dave Osiecki, executive vice president and head of advocacy for American Trucking Assns. about the key issues carriers should be aware of. Fleets “can and should expect” the electronic logging device (ELD) rule to be published on schedule, Osiecki said, and that will open a two-year window for adoption. ATA doesn’t expect any last-minute problems, “with the possible exception of lawsuit” that might be filed post-publication, he added. “The ELD rule’s a big deal for the agency and for the industry, of course,” he said. And speaking of big deals, publication of the safety fitness determination (SFD) proposed rule this year will “take CSA to the next level,” Osiecki explained. FCMSA has long planned to incorporate roadside inspection data directly into carrier safety ratings. It’s important to look closely at the proposed rule, he added, and to let FMCSA know what aspects carriers can support or have concerns about. Most troubling to ATA is the regulator’s willingness to push ahead while many in trucking and freight transportation question the direction of and continuous changes to the Compliance, Safety, Accountability program. “There’s a lot of angst in the industry over the agency’s moving forward with a rule that’s going to codify a methodology that’s far from perfect and a system that is, in many ways, data starved,” Osiecki said. ATA would like FMCSA to “re-propose” the driver drug and alcohol test clearinghouse rule, since the agency did not include all of the relevant violations. “As proposed, it’s not a one-stop shop for an employer to go to,” Osiecki said. “That certainly wasn’t the intent of the industry when we advocated for it, and we don’t believe that was the intent of Congress when they required it.” He also noted the EPA-driven Phase II in the greenhouse gas reduction standard which sets fuel economy minimums for heavy commercial vehicles, “again a big deal, for new trucks going forward.” Specifics are expected in the spring. The complete list of FMCSA regulatory initiatives and publication dates scheduled for 2015 is below. (The monthly update of the Dept. of Transportation’s rulemaking calendar is available here.): • Popular Title: Diabetes Standard Stage: NPRM Original publication date: 11/30/2010 Current Projected Date: 05/27/2015 This rulemaking action would amend FMCSA´s medical qualification standards to allow drivers with insulin-treated diabetes mellitus to operate commercial motor vehicles in interstate commerce, without seeking an exemption from the FMCSRs. • Popular Title: Carrier Safety Fitness Determination Stage: NPRM Original publication date: 03/29/2008 Current Projected Date: 06/17/2015 FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt revised methodologies that would result in a safety fitness determination (SFD). • Popular Title: CDL Drug and Alcohol Clearinghouse Stage: Final Rule Original publication date: 09/16/2015 Current Projected Date: 10/30/2015 This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver´s license (CDL) holders and refusals by such drivers to submit to testing. • Popular Title: ELDs and HOS supporting documents Stage: Final Rule Original publication date: 09/30/2015 Current Projected Date: 09/30/2015 This rulemaking would establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. • Popular Title: DVIR Stage: Final Rule Original publication date: 10/17/2014 Current Projected Date: 01/31/2015 This rulemaking would rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce submit, and motor carriers retain, driver-vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. Specifically, this rulemaking would remove a significant information collection burden without adversely impacting safety. • Popular Title: Prohibition of Coercion Stage: Final Rule Original publication date: 09/10/2015 Current Projected Date: 09/10/2015 Section 32911 of MAP-21 amended 49 U.S.C. § 31136(a) to require that regulations governing commercial motor vehicle safety ´ensure ... an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial vehicle in violation of a regulation promulgated under 49 U.S.C. § 31136 or chapters 51 or 313 of title 49, U.S.C.’ • Popular Title: Heavy Vehicle Speed Limiters Stage: NPRM Original publication date: 03/24/2014 Current Projected Date: 04/16/2015 This joint rulemaking with NHTSA would respond to petitions from ATA and Roadsafe America to require the installation of speed limiting devices on heavy trucks. • Popular Title: MAP-21 CDL Requirements Stage: NPRM Original publication date: 05/18/2015 Current Projected Date: 10/16/2015 This rulemaking would grant military veterans an exemption from the domicile requirement, allowing the State they are stationed in to issue them a commercial driver’s license. • Popular Title: Minimum Levels of Financial Responsibility Stage: ANPRM Publication date: 11/28/2014 End of comment period: 02/26/2015 The FMCSA announces that it is considering a rulemaking to increase the minimum levels of financial responsibility for motor carriers, including liability coverage for bodily injury or property damage in the case of freight and passenger motor carriers.
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Speed limiter mandate rule expected to see action soon, carrier scoring rule still months away Overdrive / January 13, 2015 The Department of Transportation stuck with its projected June 17 publication date of a Safety Fitness Determination rule proposal in its latest rulemakings update, and it still expects to send a speed limiter mandate proposal to the White House for approval early next month. The Safety Fitness Determination rule, in the works now in some form for eight years, has been in the final stages of review for some time now — an FMCSA official told Overdrive in October that the agency’s top brass was reviewing the proposal. The rule, once final, will give the agency the authority to produce absolute scores of carriers based on a data set similar to the one used to produce Safety Measurement System rankings in the Compliance, Safety, Accountability program. The rule’s projected publication date, however, has continued to be delayed. In December, the DOT pushed back the projected publication date by three months. The speed limiter mandate, a joint rule between FMCSA and the National Highway Traffic Safety Administration, is projected to see action Feb. 2, the DOT report says, as the agency is projected to send the rule to the White House’s Office of Management and Budget. The OMB is expected to clear the rule in May, and FMCSA is projected to publish it the same month. The rule would require the installation and use of speed limiters on heavy trucks, though FMCSA hasn’t said what the governed speed would be. Other rules in the DOT’s update include (1) a rule to prohibit coercion of drivers, scheduled to be published as a Final Rule Sept. 10, (2) a Final Rule mandating the use of electronic logging devices, scheduled to be published Sept. 30 and (3) the CDL drug and alcohol clearinghouse rule, scheduled to be published as a Final Rule Oct. 30.
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NBC Sports / January 11, 2015 Following his setback on Saturday, Eduard Nikolaev got to work on reducing his deficit in the overall truck standings. Nikolaev secured his fifth stage win of the 2015 Dakar in the trucks’ Stage 8. The KAMAZ pilot won over Iveco’s Gerard de Rooy by more than 11 minutes and defending Dakar champ Andrey Karginov by almost 15 minutes. But even more important for Nikolaev, fifth-place stage finisher and overall leader Ayrat Mardeev was beaten soundly by more than half a hour. Taking that into account, Nikolaev’s moved up to third position behind him and Karginov, and his deficit has shrunk considerably to just 12 minutes, 41 seconds. With Karginov holding second position over him by a gap of seven and a half minutes, Nikolaev must keep marching forward. Video: http://motorsportstalk.nbcsports.com/2015/01/11/dakar-sanabria-surprises-in-quads-nikolaev-gets-fifth-stage-win-of-event/
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Press Release / January 12, 2015 Gerard de Rooy and his Iveco Powerstar delivered an excellent performance during the eighth stage of the Dakar. It resulted in a second place ranking in the challenging second half of the rally. Ahead of him was Russian driver Nikolaev (Kamaz), who had an overall advantage of 11:16 minutes. Other competitors followed the two leaders at a considerable distance. The total length of the special was 273 kilometres with the last 50 kilometres of the stage being particularly difficult and very sandy. Kamaz driver Nikolaev dominated the special from the start overtaking 16 other rally trucks with an average speed of almost 80 km/h. Gerard de Rooy maintained a constant speed and was satisfied with the result. Hans Stacey came in seventh. He was in the top three until midway through the stage, but then lost time on the dunes, finishing 49:43 minutes behind the stage winner. Pep Vila experienced issues at the beginning of the stage, but was able to bring his Iveco Trakker safely to the finish, placing 16th. In the overall ranking, the Kamaz drivers are fighting against each other and the differences between them are rather small. Mardeev is still leading but is challenged by a charging Nikolaev. For Team Petronas De Rooy Iveco, Stacey improved from 7th to 6th position, while Gerard de Rooy climbed the leader board from the 21st spot to the 14th. “Everything went very well today. The first 160 kilometres of the special were rough and bumpy so I did not want to take any risks. When we entered the dunes we went as fast as possible. It was difficult for many competitors not to lose too much time today, as the navigation was very difficult at certain places. It was a great feeling to be the first truck to start the immense descent and to be the first to arrive at the bivouac,” said Gerard de Rooy at the finish in Iquique, Chile. “Besides the issues with the rear differential after that severe jump on the fourth day, we have had almost no problems with the three Iveco rally trucks. That gives us confidence for the second part of the Dakar,” said De Rooy. After eight intensive, challenging rally days the truck competitors now have one day off to rest and look forward to the following days. The mechanics have 40 hours to prepare the trucks for the second part of the rally. Still five specials to go: 1,476 timed kilometres. The total distance to Buenos Aires is 3,336 kilometres. More info available at www.iveco.com/dakar http://www.iveco.com/en-us/press-room/release/Pages/Dakar-2015-Gerard-de-Rooy-places-second-in-the-demanding-eighth-stage-with-Iveco-truck.aspx
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I couldn't agree more. The new 2016 Nissan Titan looks terrible. Someone tried to copy Ford's grille and GM's headlights. It's just a terrible looking truck from bumper to bumper. The Toyota Tacoma is a disappointment...........a quick refresh that only helped it to catch up, rather than putting it out ahead. It'll be outdated again within two years. The 2017 Ford Raptor and Ram Rebel look good. The Chevrolet Bolt EV is impressive, good looks and a 200-mile range. Buick's Avenir concept with its long nose reminds me of Cords and Duesenbergs.
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Press Release / January 9, 2015 Renault Trucks recently presented the keys to the first 100 vehicles out of a total order for 530 trucks to Norbert Dentressangle. After tests carried out under actual operating conditions, the European haulage and logistics leader was impressed by the vehicles’ technical qualities, their French origin and the environmental credentials of the DTI Euro 6 engines. This acquisition concerns the Renault Trucks D and Renault Trucks T, the vehicle elected International Truck of the Year for 2015. Norbert Dentressangle, the European leader for haulage and logistics with the largest private fleet in Europe has restated its confidence in Renault Trucks and acquired 530 vehicles from the new range for several of its European subsidiaries. This mainly concerns vehicles from the T range to be used for regional, national and international haulage assignments. Some 100 vehicles from the D range for distribution activities are also included in this order. After having tested the Renault Trucks T, under actual operating conditions for several months, Norbert Dentressangle was very impressed by the vehicle. Furthermore, supporting French manufacturing by choosing vehicles with “Guaranteed Made in France” certification (the only French origin certification label in existence), is one of the haulier’s priorities. During the key presentation ceremony which took place in Saint-Priest (69), Hervé Montjotin, Chairman of the Norbert Dentressangle Board, explained why he had made this choice: “The reception of the new Renault Trucks Euro 6 range is for me an opportunity to remind everyone that Norbert Dentressangle remains an investor in its long-standing activity of transport. The choice of truck we use is crucial since it is the focus of our commitments of quality to our clients, of comfort and safety to our drivers and finally of respect for the environment with fuel efficient and clean engines. In addition to that, we are proud of contributing to the promotion of a “Guaranteed Made in France” manufactured product made in our own region.” In reply, Bruno Blin, President of Renault Trucks stressed: “I am pleased that Norbert Dentressangle, a French company with an international dimension, recognises the quality of the Renault Trucks T, voted International Truck of the Year 2015 and supports French manufacturing. For our trucks are indeed entirely made in France, at the Blainville-sur-Orne, Bourg-en-Bresse and Lyon production plants.” .
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The 2015 Detroit Auto Show, which began yesterday, has more significant developments on display than any show in recent memory. http://www.caranddriver.com/2015-detroit-auto-show
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Heavy Duty Trucking / January 12, 2015 Nissan is offering a 5.0-liter Cummins turbo diesel with its 2016 Titan pickup for the first time that will give work truck buyers greater capability for towing and payload, Nissan has announced. Nissan introduced its redesigned next-gen Titan at the North American International Auto Show in Detroit. The new 5.0-liter V-8 turbo diesel, from the Cummins ISV family, is rated to produce 310 hp and 555 lb.-ft. of torque. It contains 70 percent of the parts offered on the commercial variant of the engine. The turbo diesel will be offered on the Titan XD model. Nissan has been working with Cummins since 2007 in a partnership to possibly introduce a diesel engine for the Titan. Production will begin later in 2015. The turbo diesel uses a compacted graphite iron cylinder block, forged steel crankshaft, high-strength aluminum allow heads, and composite valve covers to achieve a durable, lightweight package. The engine uses dual overhead camshafts. The Cummins M2 two-stage turbocharger has been configured to work well at low and high engine speeds. The series sequential turbocharging system uses two differently sized turbochargers, including a small turbocharger for low air flow requirements and a large turbo for high air flow. The small turbo provides good transient response due to its low inertia, and the large turbo maintains power at higher engine speeds. This helps eliminates turbo lag, providing a continuous delivery of peak torque through the RPM range, according to Nissan. In order to control the air flow between the two turbo chargers, the new M2 system uses a rotary valve to open ports that perform the bypass or waste-gate functionality and provide exhaust after-treatment thermal management. High injection pressures from the Bosch High Pressure Common Rail (HPCR) fuel system and piezo fuel injectors provide precise fuel control for optimized in-cylinder combustion, leading to better fuel efficiency and reduced emissions, Nissan announced. More information on the new 2016 Nissan Titan full-size pickup: http://www.caranddriver.com/news/2016-nissan-titan-xd-photos-and-info-news .
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Press Release / January 9, 2015 Iveco, leaving the drivers exhausted. Visibility was a challenge from the start as team trucks were situated in the middle of the convoy. After Gerard de Rooy’s mishap in the fourth stage the Iveco trucks had yet another tough section to overcome on the Dakar’s precarious roads. De Rooy’s teammate Pep Vila foresaw that catching up to the other competing trucks would be difficult given the scarce visibility conditions. There was plenty of dust, fesh fesh and hard stones that rendered the drivers’ tasks even more difficult. Stage five covered a timed section of 458 kilometres between the northern Chilean towns of Copiapó and Antofagasta. Hans Stacey was Iveco’s best-positioned driver to start due to his strong performance in the previous stage. He started fifth and experienced a good first half in the special stage. He then moved up to fourth position, but then incurred a half hour delay that set him back for the rest of the stage. Pep Vila, with his Iveco Trakker Evolution II, and Gerard de Rooy, with his Iveco Powerstar, reached Stacey after having started in the 23rd and 26th positions respectively. The obstacles they had to overcome throughout the special’s 458 kilometres consisted of endless slopes that took competitors from 1,000 up to 3,000 metres above sea level. Despite this, De Rooy was able to surpass his teammates, but remained half an hour behind the trucks from Team Kamaz whose improved visibility conditions had allowed them to take the lead. De Rooy arrived 40m01s behind Russian driver Nikolaev, who won stage five of the 2015 edition at the wheel of a Kamaz. De Rooy was Iveco’s best performer today, but the time lost due to the accident suffered yesterday means that he won’t have a chance at making the podium as he is now 7h23m57s behind the leader. Hans Stacey followed his teammate, closing the stage nearly an hour behind the leader. The time lost by Stacey today puts him in 7th place in the general classifications at 1h13m08s from the leader. Pep Vila arrived right before Stacey and now stands in 15th position at 56m28s from the leader. The Spanish driver lost 40 minutes and the opportunity to start off further ahead in the fifth stage due to having stopped to provide assistance to Gerard de Rooy in stage four. More info available at www.iveco.com/dakar http://www.iveco.com/en-us/press-room/release/Pages/Dakar-2015-scarce-visibility-holds-up-Iveco-Trucks-in-fifth-stage.aspx
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NBC Sports / January 10, 2015 With the motorcycle and quad racers taking a rest day, Saturday marked the beginning of a two-day “marathon” stage for the car and truck categories. But while the car racers went uphill into Bolivia, the truckers embarked on a separate, dune-filled 335-kilometer stage in Chile. Leading up to Saturday, KamAZ had scored wins in the last five consecutive stages after Iveco’s Hans Stacey won the opener. But KamAZ couldn’t run the streak to six thanks to the efforts of MAN’s Ales Loprais (pictured). The Czech pilot took a five-minute, 39-second victory in Stage 7 over Iveco’s Gerard de Rooy. However, perhaps an even bigger story on Saturday is the end of KamAZ driver Eduard Nikolaev’s reign atop the overall truck standings. Nikolaev had won back-to-back-to-back stages, but on Saturday, he lost more than an hour along the way. With the stumble, Nikolaev is now fourth on the big board at almost 45 minutes behind new leader Ayrat Mardeev (fifth on Saturday). Mardeev’s overall lead currently sits at more than 22 minutes over defending Dakar truck champ Andrey Karginov, while Dmitry Sotnikov has leaped slightly ahead of Nikolaev for the third spot. KamAZ still has a lock on the front four positions overall, while Loprais leads the MAN camp in fifth at 1 hour, 11 minutes back. Video: http://motorsportstalk.nbcsports.com/2015/01/10/dakar-ales-loprais-strikes-a-blow-for-man-nikolaev-falls-out-of-overall-truck-lead/
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Mexico gets green light: DOT ‘opening door’ to cross-border trucking Fleet Owner / January 11, 2015 Less than a month after an internal audit concluded a pilot program lacked enough participants to be statistically conclusive, the Dept. of Transportation said Friday that Mexican motor carriers will soon be able to apply for authority to conduct long-haul, cross-border trucking services in the United States. Fully opening the border to approved carriers is “a significant milestone” in the implementation of the North American Free Trade Agreement, according to the DOT statement. The policy change ends a 20-year political dispute over the NAFTA trucking provision, and is expected to result in the permanent termination of more than $2 billion in annual retaliatory tariffs on U.S. goods. And the certainty over that economic impact outweighed the statistical uncertainty from the Federal Motor Carrier Safety Administration’s three-year test program to evaluate the safety impact of granting long-haul authority to Mexico-based trucking companies. While the recently published audit by the DOT Office of Inspector General did not make any recommendations, it did determine that FMCSA “established sufficient monitoring and enforcement activities” to meet a lengthy list of requirements mandated by Congress. The audit also confirmed FMCSA’s analysis: Pilot program participant carriers, as well as Mexico-domiciled and Mexican-owned carriers with existing authority to operate in the U.S., performed no worse than U.S. and Canadian motor carriers. However, only 15 carriers participated in the pilot, well short of the 46 FMCSA estimated would be needed to achieve its inspection target. Additionally, 90 percent of the border crossings and 80 percent of the inspections were attributed to only two carriers, according to the OIG report. And the most active carrier in the pilot rarely traveled beyond the border zone. FMCSA explained the lack of interest in the pilot to be the result of a number of factors: the termination by Congress of the previous demonstration project, the temporary status of the pilot program, increased interest in existing types of operating authorities and lack of established business relationships in the United States. Still, DOT chose to accentuate the positive in its announcement. Transportation Secretary Anthony Foxx said the data proved that Mexican carriers “demonstrate a level of safety at least as high as their American and Canadian counterparts.” “Opening the door to a safe cross-border trucking system with Mexico is a major step forward in strengthening our relationship with the nation’s third largest trading partner, and in meeting our obligations under NAFTA,” Foxx said. Reaction from U.S. trucking interests ranged from tepid to ‘outraged.’ American Trucking Assns. (ATA) supports policy that allows foreign motor carriers to operate in the U.S., “provided they comply with all regulatory and financial requirements applicable to U.S. motor carriers,” said ATA president & CEO Bill Graves. “Nothing less is acceptable to ATA.” Trucks transport more than 65% of the value of all U.S.-Mexico surface trade, Graves noted, and he added that ATA is committed to working with the DOT “to improve cross-border operational efficiencies … while respecting and complying with national operational requirements.” The Owner-Operator Independent Drivers Assn.(OOIDA) contends the new policy is “all about geo-political economics.” “FMCSA’s persistence to move this program forward is mind-boggling, especially when the agency tells us ad nauseam that their highest priority is safety,” said Todd Spencer, OOIDA executive vice president. “The FMCSA is clearly doing an end-around and playing with numbers to try and justify opening the border to long-haul trucks from Mexico. It’s clear from the lack of participation that Mexico-based motor carriers are not interested hauling beyond the commercial zone, if it means complying with the same regulations that U.S. truckers do.” The International Brotherhood of Teamsters (IBT), which has challenged with OOIDA previous attempts to open the border to Mexican trucks in court, argues that the OIG audit “made clear” that the pilot program was “a failure.” “I am outraged. This policy change by the DOT flies in the face of common sense and ignores the statutory and regulatory requirements of a pilot program,” said Teamsters general president Jim Hoffa. “Allowing untested, Mexican trucks to travel our highways is a mistake of the highest order and it’s the driving public that will be put at risk by the DOT’s rash decision.” Still, the DOT has submitted the FMCSA report to Congress, and published in the Federal Register a notice of the FMCSA plan to accept applications from Mexico-domiciled motor carriers interested in conducting long-haul operations. Companies from Mexico that apply for long-haul operating authority will be required to pass a Pre-Authorization Safety Audit to confirm they have adequate safety management programs in place, including systems for monitoring hours of service and to conduct drug testing using an HHS-certified lab. Additionally, all drivers must possess a valid U.S. CDL or a Mexican Licencia Federal de Conductor, and must meet the agency’s English language proficiency requirements. As with Canadian companies that are granted U.S. operating authority, carriers and drivers from Mexico are required to comply with all laws and regulations, including regular border and random roadside inspections. Once the motor carrier is approved, their vehicles will be required to undergo a 37-point North American Standard Level 1 inspection every 90 days for at least four years. American trucking companies have been able to apply and operate long-haul in Mexico through NAFTA since 2007. Currently, five U.S. companies use this authority to transport international goods into Mexico, according to DOT.
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Fleet Owner / January 7, 2015 Figuring out how to find and retain truck drivers is only going to intensify for most carriers this year, according to experts, with many planning bigger wage boosts to aid in that effort. In the latest survey issued by Transport Capital Partners (TCP), over 90% of carriers polled by the firm are expecting to increase driver wages this year – with more than a third expecting those wage increases to be in the range of 6% to 10% or double what was reported to TCP six months ago. "Carriers are seeing potential applicants go to other sectors, like construction, where there is more predictable home time and where extra pay is not limited by federal hours of service (HOS) regulations,” noted Steven Dutro, a TCP partner, in the firm’s report. “The end result is that revenue from rate increases will go into purchasing new equipment, driver wages, rising maintenance costs and regulatory costs – and not as much into the carrier’s pockets in 2015," he said. Yet Eric Starks, president of research firm FTR Transportation Intelligence, that while such pay increase percentages can help alleviate the driver shortage near-term, much higher pay levels may be needed to help foster a longer-term solution to the issue. “We think we’ll need to see really significant pay increases to start attracting real interest from the broader labor force,” he told Fleet Owner. “If we start seeing [driver] pay up around $80,000 per year, then you’ll see far more people willing to make the personal time sacrifices to work that job. At $45,000 to $50,000? Not so much.” Starks is also unsure how “aggressive” the trucking industry as a whole is prepared to be on the pay issue, which is why he thinks more than a few may opt to focus instead on what he called “margin growth” scenarios. “If capacity remains tight, instead of expanding operations, many [fleets] may instead focus on increasing rates and their [profit] margins, then share it with their corps of current drivers,” Starks said. “They won’t grow their fleet but they also won’t have to go whole hog on big pay raises either.” Richard Mikes, a TCP partner, added that carriers as a whole largely remain hesitant to add capacity because of that shortage of experienced drivers, with replacement far outpacing additions on order boards for new tractors. One option he said carriers are contemplating is pushing for a regulatory change to allow younger drivers under the age of 21 to apply for commercial drivers licenses (CDLs). Mikes noted that, according to TCP’s current survey, that “younger driver” concept enjoys large support in the industry, with 84% of carriers in the firm’s poll in favor of it. Support is similar between large and small carriers, despite smaller carriers typically hiring fewer inexperienced drivers, he added. Yet although over 80% of the industry supports hiring younger drivers, the percentage of carriers actually hiring inexperienced drivers is only at 33%, Mikes stressed. “It is likely that the shift to hiring more inexperienced drivers will continue, albeit slowly, [with] 64% of carriers surveyed indicated they would be interested in hiring less experienced drivers,” he added. “Larger companies are twice as likely to hire inexperienced drivers as smaller companies, perhaps because they have the staff and resources to invest in training facilities and co-drivers.”
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Transport Topics / January 9, 2015 The United States border is being opened to Mexican carriers that want to run in the U.S., the Department of Transportation has announced. The Jan. 9 announcement said that the DOT will publish a notice in the Federal Register, probably on Jan. 15, saying Mexican carriers are allowed to apply for operating authority here, ending more than 20 years of dispute over the Mexican truck issue. “The policy change is expected to result in the permanent termination of more than $2 billion in annual retaliatory tariffs on U.S. goods and follows a three-year pilot program that tested and validated the safety of Mexican trucking companies to operate long-haul in the U.S,” the DOT announcement said. Transportation Secretary Anthony Foxx said opening the border to “a safe cross-border trucking system with Mexico is a major step forward in strengthening our relationship with the nation’s third largest trading partner, and in meeting our obligations under [the North American Free Trade Agreement]. “Data from the three-year pilot program, and additional analysis on almost 1,000 other Mexican long-haul trucking companies that transport goods into the United States, proved that Mexican carriers demonstrate a level of safety at least as high as their American and Canadian counterparts,” Foxx said. U.S. Trade Representative Michael Froman also welcomed the news, the DOT statement said. The successful conclusion of the pilot program provides the basis for the permanent resolution to this dispute,” said Ambassador Froman. “We have been, and will continue to work with Mexico to ensure that the threat of retaliatory duties will now be brought to a swift conclusion as well,” Froman said. “Formally concluding this process will help us continue our work to expand trade and investment opportunities between our countries.” The pilot program ended in October but a report released by the DOT’s Inspector General last month said that with only 15 carriers in the pilot the IG could not draw conclusions about whether the general population of Mexican trucks would have the same high safety standards as those that participated in the pilot. However, the same day the DOT announced the border was being opened to Mexican trucks, the Federal Motor Carrier Safety Administration said it sent its own report to Congress. The FMCSA report said the pilot results show that Mexican carriers “can and do operate throughout the United States at a safety level equivalent to U.S and Canada domiciled motor carriers and consistent with the high safety standards that FMCSA imposes on all motor carriers authorized to operate in the United States.” The conflicting reports are likely to draw the attention of Congress, which before the pilot was launched, had blocked other attempts to let Mexican trucks run long haul beyond designated commercial zones at the border. Rep. Peter DeFazio (D-Ore.), ranking member on the House Transportation and Infrastructure Committee, said he was “deeply disappointed” when the Obama Administration notified him that it had decided to open the border to the Mexican Carriers. “They are justifying this decision, using data collected from Mexican trucks that they allowed to operate long haul in the U.S. as enterprise carriers, avoiding the more arduous pilot program,” DeFazio said. “These carriers were not subject to the more rigorous safety inspections, electronic monitoring of hours of service compliance, and other measures to which pilot program carriers were subject,” he said. “This Administration appears insistent on creating opportunities for Mexican carriers - which will have major impacts on safety, security, and American jobs.” The dispute over the border opening dates to 1994 when NAFTA took effect. The U.S. was to open its borders to more long-haul Mexican trucks but the opening was delayed by questions from the Teamsters and others about safety standards for Mexican trucks. The DOT noted that in 2001, a NAFTA dispute settlement panel said the U.S. was not in compliance with the cross-border trucking provisions of the agreement. And in 2009 Congress used its appropriations power to halt a demonstration project, at which point Mexico “exercised its option to take retaliatory measures, granted by a NAFTA Arbitration Panel, and impose more than $2 billion in annual tariffs on exports of U.S. agriculture, personal care products and manufacturing goods.” Mexico “suspended” the tariffs after the new pilot program began in 2011. Mexican carriers seeking long-haul operating authority will be required to pass “a Pre-Authorization Safety Audit to confirm they have adequate safety management programs in place, including systems for monitoring hours-of-service and to conduct drug testing” using labs certified by the U.S. Department of Health and Human Services. “Additionally, all drivers must possess a valid U.S. Commercial Driver’s License or a Mexican Licencia Federal de Conductor, and must meet the agency’s English language proficiency requirements,” DOT said.
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Press Release / January 7, 2015 After Monday’s intense heat with temperatures rising above 50 degrees, the Dakar teams faced a very challenging stage again on Tuesday from San Juan to Chilecito. But all three Iveco rally trucks made it to the finish, with a positive 3rd place position for Gerard de Rooy. Hans Stacey also finished in the top ten, in 9th place, followed by Pep Vila in 11th. The route to Chilecito was short at 284 kilometres, but featured difficult rocky terrain together with mountains that made it increasingly harder on brakes and tyres. This is reflected in the average speed. On Sunday the average speed was 116 km/h, while it was a mere 82 km/h yesterday. Right from the start Gerard de Rooy was the fastest again, as was the case on Monday. However, strong competition for first place came from Nikolaev (Kamaz). At the finish however, it was Mardeev (Kamaz) who came through with a strong final offensive winning the stage with a 1:51 minute advantage over Karginov. De Rooy crossed the line in third position, 4:30 minutes after Mardeev. Mardeev now leads in the overall ranking with an advantage of some 8 minutes over Loprais (MAN), Karginov (Kamaz) and Nikolaev (Kamaz). Gerard de Rooy and his Iveco Powerstar are 9:52 minutes behind Mardeev followed by teammate Hans Stacey who stands at 12:42 minutes behind. Gerard de Rooy: “It was really hard today, again. The truck suffered some very big bumps and one of the tyres was destroyed due to the rocks. Luckily we had no problems at all with the Iveco Powerstar,” said De Rooy at the finish. “We started with a minor navigation error at some 50 kilometres into the stage. I had a Kamaz truck behind me and just when (my navigator) Jürgen told me to turn, the Patrol emitted a loud noise and I missed the corner. Fortunately we were able to reverse within a few metres and the mistake did not cost us too much time.” Hans Stacey: “We had some delay at the start of the stage because we could not overtake a jeep. When we finally passed it after 70 kilometres we suffered loss of engine power. So our technicians will have to perform repairs throughout the night. The last 200 kilometres of the special proved to be the greatest obstacle to making it to the finish. In the end we are more or less satisfied about the results, but we’ll press down even harder on the pedal tomorrow.” More info available at www.iveco.com/dakar .
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Press Release / January 2, 2015 WABCO, a leading global supplier of technologies to improve the safety and efficiency of commercial vehicles, today announced that the company continues to supply its most advanced, high-performance safety technologies to KAMAZ-master, the Russian national off-road truck racing team and defending champion of Dakar, one of the world’s most challenging endurance rallies. KAMAZ-master has won the Dakar Rally an unprecedented twelve times, including most recently in 2014. WABCO has supplied KAMAZ-master since 1997 with pioneering safety technologies and has significantly contributed to the team’s continued success ever since. In 2015, WABCO equips KAMAZ-master team’s heavy duty trucks with industry-leading technologies such as high-performance air compressors, wheel-end solutions, driveline controls and WABCO Tristop® cylinders, one of the industry’s most reliable piston-type spring brake cylinders. Dakar 2015 will launch on January 4 and conclude on January 17 in Argentina’s capital of Buenos Aires. In total, 63 racing trucks representing twelve different commercial vehicle brands will cross the starting line. KAMAZ-master will send four trucks to defend its title. Dakar 2015 covers 9,000 kilometers (5,592 miles) of the most unforgiving terrain through Argentina, Bolivia and Chile. The Dakar puts to the ultimate test racing teams and vehicles alike. This year, drivers will cross the Andes Mountains twice, face the world’s largest salt lake called the “Salar de Uyuni” and venture in the Atacama Desert, commonly known as the driest place on earth. For more information, visit the KAMAZ-master website at http://www.kamazmaster.ru/en or watch the team’s video here on YouTube. .
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Trailer/Body Builders / January 7, 2015 Private equity firm The Carlyle Group has acquired AxleTech International, a global engineering and manufacturing company for off-highway and specialty vehicle drivetrain systems and components, from General Dynamics Corporation. Terms of the transaction were not disclosed. Carlyle previously owned the business from 2005 to 2008. Mary Petrovich, CEO of AxleTech from 2002-2011, will rejoin the firm as Executive Chairman. Joe Mejaly, who joined the business in May 2014 as General Manager, will become CEO under Carlyle’s ownership. Carlyle Managing Director Adam Glucksman said, “In partnership with Mary and Joe we will help AxleTech grow its market share through a relentless commitment to innovation, quality and service. We are delighted Mary is rejoining the firm as Executive Chairman. She is a remarkable leader with a track record of value creation for her customers and our investors.” Petrovich said, “AxleTech has a rich 100-year history that offers its customers a broad portfolio of products, extensive market expertise and talented employees. I am eager to work with Joe, who brings a wealth of experience in off- and on-highway products, with strong skills in the aftermarket. Joe will drive the business to ensure satisfied customers with a singular perspective committed to its unique markets and capabilities.” Mejaly said, “AxleTech’s management team and workforce is focused aggressively on being faster to market with the right components and systems, and prioritizing improved interactions with all customers, both current and potential.” http://www.axletech.com/na_en/index.php Note: AxleTech’s roots stem from Rockwell. It all goes back to the year 1899 in St. Louis when Henry Timken and his two sons, H.H. and William, founded the Timken Roller Bearing Axle Company to produce the senior Timken’s newly patented tapered roller bearing. After relocating to Canton, Ohio in 1902, the axle business was split off under son William Timken, relocated to Detroit, and renamed the Timken-Detroit Axle Company in 1909 (the bearing business was renamed the Timken Roller Bearing Company). Now MIT graduate William Rockwell enters the picture. Following the end of World War I, he went to work as manager of the engineering department for the Torbensen Gear & Axle Company (founded by Joe Eaton, brother-in-law Henning Taube and Viggo Torbensen in 1911), where he designed a double-reduction axle. After his design was rejected by senior management, he left Torbensen in 1919 and established the Oshkosh-based Wisconsin Parts Company to produce his self-designed worm-drive and double-reduction axles. In 1929, Timken-Detroit Axle acquired Willard Rockwell’s Wisconsin Parts to form Timken-Detroit Axle & Wisconsin Axle. Willard Rockwell became president of Timken-Detroit Axle in 1933, and in 1953 established the Rockwell Spring and Axle Company by merging Wisconsin Axle, Timken-Detroit Axle, and Standard Steel and Spring (which produced driveline components from 1914). In 1958 was renamed Rockwell-Standard Corporation. The now Pittsburgh-based company then acquired and merged with Los Angeles-based North American Aviation (of P-51 Mustang fame) to form North American Rockwell in September 1967. After acquiring avionics manufacturer Collins Radio in 1973, the company merged with Rockwell Manufacturing (run by Willard Rockwell Jr.) to form Rockwell International. In 1988, Rockwell purchased France’s SOMA Europe Transmissions SA, known for their rugged planetary hub reduction off-road axles, to develop a European market base. Rockwell spun off its automotive unit in 1997 resulting in the establishment of Meritor, which evolved into ArvinMeritor in 2000 (ArvinMeritor became Meritor again in 2011). Private equity firm Wynnchurch Capital and Resilience Capital bought the business unit from a struggling ArvinMeritor in 2002 and named it AxleTech. Carlyle Group bought it (the first time) from Wynnchurch in 2005, and General Dynamics acquired it in December 2008.
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NBC Sports / January 5, 2015 Last year’s Dakar Rally quads runner-up, Rafal Sonik, is your new leader in the category after winning in Stage 2 on Monday in Argentina. The Polish racer (pictured, from 2014) followed-up his second-place showing in Sunday’s opening stage with a win over defending Dakar champion Ignacio Casale of Chile by a margin of just over three and a half minutes. From the overall standpoint, that means a lead of two minutes, 26 seconds for Sonik. Stage 2 from Villa Carlos Paz to San Juan, Argentina was the longest of the 2015 Dakar at 518 kilometers. Casale said he had to slow down over the final 100 kilometers of the stage, because he was dealing with dehydration after running out of water. “Today, it was a very difficult stage, the hardest I’ve ridden in my life,” Casale said. “I thought that I was going to drop out. I had a lot of thoughts running around my mind throughout the day…I suffered a lot and didn’t feel great at all. I slowed down my pace over the last 100 km. “In any case, given the length and toughness of the stage, the aim was to make sure I finished…But I couldn’t do anything more. I was in a really complicated situation. I went and sat in the medical tent for 40 minutes to rest and drink…I’ve never experienced anything like that.” As for the trucks, the KamAZ team – winners of a record 12 Dakar Rallies – bounced back from a tough Sunday (none of their entries finished in the Top 5) to get two out of the Top 3 spots on Monday, including P1. Russian pilot Eduard Nikolaev scored a 46-second win over the Iveco team’s Siarhei Viazovich of Belarus. Ayrat Mardeev put his KAMAZ in third position, just three seconds behind Viazovich. Hans Stacey, the Stage 1 winner, initially kept hold of the top overall position in the truck category with a fourth-place run in his Iveco. However, he was penalized one minute and was dropped to sixth in Monday’s stage. That means Nikolaev is now leading the pack with a slim lead of 40 seconds over Stacey. Video: http://motorsportstalk.nbcsports.com/2015/01/05/dakar-rafal-sonik-takes-control-in-quads-kamaz-team-back-on-top-in-trucks/
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9News / January 6, 2015 The M2 motorway remains closed city-bound at Baulkham Hills more than 12 hours after a truck smash claimed the life of a 50-year-old driver. The man, from Prestons in southwestern Sydney, was driving a semi-trailer towards the city when he crashed into the back of another truck that was stationary on the side of the road about 2.30am Wednesday, police said. It took emergency services more than two hours to free him from the wreckage. He died at Westmead Hospital. The 30-year-old driver of the stationary truck, who was outside his vehicle when the crash happened, was taken to hospital for precautionary checks. http://www.9news.com.au/national/2015/01/07/05/12/two-trucks-block-sydney-bound-traffic .
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Australasian Transport News (ATN) / January 6, 2015 Commercial vehicles have failed for the second year in a row to push sales much into the 30,000 band. Two years after breaking out of the 20,000s, progress beyond 2012’s 30,745 has proved elusive, Truck Industry Council (TIC) figures show. The total for 2014 including vans was 30,630, 15 units down from 2013. Individually, with a couple of notable exceptions either way, growth has been pretty flat for the makes. With the exception of Western Star, the biggest swings were displayed amongst van-makers, where Ford has lost half its sales in five years to hit 512. The biggest winner here has been Renault, up from 127 in 2010 to 960 last year and second place, while market leader Mercedes-Benz has seen relentless growth in the past three years take it into the 2,000s to end the year at 2,190. Amongst the heavy-duty performers, Western Star’s light has dimmed somewhat, recording 658 sales compared with 1,003 in 2012. Against that, Isuzu reached four figures in the sector for the first time this decade last year with 1,116. That year also was the high-water mark for Iveco, which slumped from 926 to 698 in the same period. The paragon of steady growth was Scania, which has lifted heavy truck sales by an average of around 100 units a year to finish last year on 779. Possibly the most volatile numbers belong to Cat, which has recorded sales of 162, 310, 115 and 185 since debuting in 2011.
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Fleet Owner / January 6, 2015 Global oil prices fell sharply in the fourth quarter of 2014, according to data tracked by the Energy Information Administration (EIA) as robust global production exceeded demand. That’s also helping U.S. fuel prices remain on a downward slope, the agency noted. The average retail pump price for diesel in the U.S. dropped 7.6 cents this week to $3.137 per gallon, EIA reported – which is 77.3 cents per gallon cheaper compared to the same week in 2014. Diesel prices dropped the most in the Midwest and Rocky Mountains this week, falling 10.4 cents to $3.102 and 10 cents to $3.139, respectively. The Gulf Coast is home to the cheapest diesel in the nation this week at $3.045, down 7.6 cents per gallon compared to last week, the agency noted. The average retail pump price for gasoline in the U.S. declined 8.5 cents to $2.214 per gallon this week, which is $1.118 per gallon cheaper compared to the same week in 2014, EIA said. Gasoline prices dropped the most in the Midwest and the Rocky Mountains, falling 1.4 cents in each region to $1.9754 and $2.582, respectively – with the Midwest’s average price for gasoline the cheapest in the U.S., the agency reported. The Gulf Coast, where prices decreased 8 cents this week to $1.993 per gallon, is the only other region in country where gasoline prices dropped under the $2 per gallon mark, EIA added. Current and future fuel prices declines are pegged to the rapid decrease in global prices that started in the summer last year, the agency pointed out. After reaching monthly peaks of $112 per barrel (bbl) and $105/bbl in June 2014, crude oil benchmarks Brent and West Texas Intermediate (WTI) fell to $62/bbl and $59/bbl in December, respectively. Brent prices fell below the five-year average in early September and slipped well below the five-year range in November and December. WTI prices have been below the five-year average since early October and below the five year-range since early November. Other crude oil trends worth noting: Domestic crude oil production in the U.S. increased 1.2 million barrels per day (bbl/d) in 2014, up 16% from 2013. At 8.6 million bbl/d, U.S. production is at the highest level in nearly 30 years.The Brent-WTI spread averaged less than $6/bbl, significantly lower than the 2011-13 average of nearly $15/bbl.Estimated global liquids production grew by 1.8 million bbl/d to total 92.0 million bbl/d in 2014, mainly reflecting non-OPEC (Organization of the Petroleum Exporting Countries) production increases concentrated in North America.EIA estimates that global unplanned supply disruptions averaged 3.1 million bbl/d in 2014, 0.4 million bbl/d higher than the previous year. OPEC producers had the largest share of outages at 2.5 million bbl/d.EIA estimates that global liquid fuels production exceeded consumption in each of the four quarters of 2014. In the previous five years, production had not exceeded consumption for more than two consecutive quarters.
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Penske Takes California Break Requirement to Supreme Court
kscarbel2 replied to kscarbel2's topic in Trucking News
Penske asks Supreme Court to hear case over state-required driver breaks Commercial Carrier Journal (CCJ) / January 6, 2015 Penske Logistics filed Jan. 6 a petition asking the Supreme Court to hear its appeal of a decision made by a federal appeals’ court earlier this year, in which it was ruled that carriers must grant truck drivers in California paid meal and rest breaks. The Ninth Circuit Court of Appeals ruled in July to overturn a lower court ruling that had exempted carriers from the California law. The Golden State’s law requires employers to grant employees paid 30-minute meal breaks every five hours and paid 10-minute breaks every four hours. The legal question at the heart of the case is whether the Federal Aviation Administration Authorization Act preempts state law. Lower courts had ruled it does, but the Ninth Circuit appellate court, which has a reputation for bucking trend, ruled the California law was unrelated to “prices, rates and services” — three key market elements the 1994 Act intended to protect from interference of state laws, Penske argues. “This case is about federal law preempting state laws that relate to rates, routes, and services offered by trucking companies,” says Penske Senior VP and General Counsel Michael Duff. “We’re asking the Supreme Court to resolve this issue for our company and the trucking industry. The Ninth Circuit’s decision significantly impacts the entire transportation industry as well as the flow of commerce and ultimately impacts consumers.” The American Trucking Association agrees. After the Ninth Circuit’s July ruling, ATA’s Deputy General Counsel Richard Pianka told CCJ that the Ninth Circuit is the mostly likely to have a decision reversed by the Supreme Court. “The odd thing is something like a dozen district courts have looked at this, and almost all said the federal law preempts in this instance, and that’s what everybody was operating under,” Pianka told CCJ in July. The Ninth Circuit’s decision, if left in place, could have ramifications nationally, Pianka said, as other states with similar break requirements could argue their laws also preempt federal law. Three Penske drivers brought the case in 2008, arguing Penske is legally required to ensure drivers could take their breaks. The driver plaintiffs argued Penske had created “an environment that discourages employees from taking their meal and rest breaks,” according to the lawsuit documents. Penske spokesperson Randy Ryerson said the Supreme Court likely will decide within two to three months to hear the case or not. -
Penske Takes California Break Requirement to Supreme Court
kscarbel2 posted a topic in Trucking News
Heavy Duty Trucking / January 6, 2015 Penske Logistics took its fight against California’s meal and rest break requirement to the U.S. Supreme Court. The company on Tuesday petitioned the court to review a lower court’s finding that California truck drivers are entitled to paid breaks. At issue is a California law requiring a 10-minute rest break for every four hours worked and a 30-minute meal break every five hours when the driver’s work period is longer than five hours. Penske contends that this law is preempted by a 1994 federal law that says states may not govern a carrier’s prices, routes or services. The issue has been in court for years. In 2011 Penske won a District Court challenge but that decision was overturned last year by the Ninth Circuit Court of Appeals. Penske encourages its drivers to take rest and meal breaks, said Senior Vice President and General Counsel Michael Duff in a statement. “This case is about federal law preempting state laws that relate to rates, routes, and services offered by trucking companies. We’re asking the Supreme Court to resolve this issue for our company and the trucking industry. The Ninth Circuit’s decision significantly impacts the entire transportation industry as well as the flow of commerce and ultimately impacts consumers.” The case is titled Dilts et al. v. Penske Logistics LLC and Penske Truck Leasing Co., L.P.
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